Constructing New Wall in Strata Unit

Lpk123 on 19/01/2019 - 16:05

When signing our lease our real estate agent said that they would be constructing a new wall (free of charge) to close off our study and potentially make it a third bedroom. However, they have come back and said body corporate has now said building the wall will invalidate the warranty of the house.

The wall was to be built on the bottom level and probably need to be drilled into the floor and the wall of the front door which I believe would be considered common property. The unit is in Victoria.

Just wondering if anyone has any advice on what we can do to possibly get this wall up?

Home & Garden Strata

Comments

  • whooah1979 on 19/01/2019 - 16:25
    +3

    Use liquid nails and screws.

    • [Deactivated] on 19/01/2019 - 20:38

      And office partition walls. I have some that I was going to use to make like a room/office in my garage. Apparently they can be joined together more permanently, maybe using liquid nails etc.

  • thatonethere on 19/01/2019 - 16:41
    +1

    You'd have to see the actual legal warranty inclusions and exceptions. Otherwise we are all guessing.

  • bobbified on 19/01/2019 - 16:46
    +1

    You're renting the property? It's all up to the owner of the property. If they don't want to or can't put up a wall, then you're only option is to go get a temporary divider that doesn't damage the existing structure.

    If your problem is the real estate agent making promises before signing the contract and can't deliver, then you can seek cancellation of the lease agreement via VCAT or the equivalent.

    • Seraphin7 on 19/01/2019 - 17:31
      +1

      This. And restricting it specifically to your question of "what we can do to possibly get this wall up", your answer is nothing.

      It's a matter for the owner and the body corporate. The owner is the only one that can take any action here.

      • pk123 on 19/01/2019 - 17:34
        +1

        Thanks. I thought as much but just wanted to get some other opinions.

  • Halo375 on 19/01/2019 - 18:52

    You might be able to ask for a reduction in your rent as they are unable to deliver this extra room that they promised.

    • [Deactivated] on 19/01/2019 - 20:41

      Yes, this … However only if it was promised before lease was signed. Otherwise it is irrelevant, as OP rented property without knowledge of future adjustments with wall etc.

      • pk123 on 19/01/2019 - 21:13

        It was agreed on before we signed the lease. We were hoping to get a third housemate once the wall was constructed. But the house was originally advertised as a 2 bedroom and we signed the lease with just 2 tenants. I'm not sure if I can still ask for a reduction in rent?

        • [Deactivated] on 19/01/2019 - 21:31
          +2

          I would definitely ask .
          Since you now cannot add the extra housemate really, and even if you put up a temporary wall yourselves, the value of that extra 'room' is definitely ie. That won't be able to get the same rent for a room with bodgy temporary wall, compared to rent you would get from proper permanent wall.
          Ask respectfully, and explain your reasons. If you are happy with rent price (without the extra tenant and without the wall) , then maybe say something like "is there any way, you would feel ok about a small reduction in rent, due to the wall failing to be put up, thus limiting our opportunity to rent out extra room and share costs between 3 of us" .
          And if you want to stay without the wall, and are happy with current rent price, mention something like "if you can't or don't think that is fair and reasonable, that is OK also" . Just make sure it doesn't come across as an ultimatum or like you are trying to be difficult and cause trouble as they won't renew lease then, and might just tell you to move out if you are not happy with rent price (assuming there is nothing in lease regarding wall, and you have no tangible evidence to show promise of wall, if it goes to tenancy tribunal of similar).

  • ego22 on 19/01/2019 - 21:59
    +3

    whatever you do, dont shutdown the government just because u want the wall. thats not the way to get it built. you will just look like big baby, u will be digging an even deeper hole for yourself and it will instantly put a million people out of work.

    • iand on 19/01/2019 - 23:20

      Just wondering how you think agreeing to not build the wall will get it built

      Also note Trump promised to build the (basically useless)wall in an election (stunt) the Democrats did not promise if elected to withhold funds and close the Government to prevent the wall from being built also Trump hasn't shut down the Government the democrats have by not allowing funding to pay wages

  • altomic on 19/01/2019 - 22:22

    WWTD?

  • jjjaar on 20/01/2019 - 07:49

    How new is the property? There’s a chance no wall was put up because it would mean the developer would have had to provide a second car space. The planning scheme requires 1 car space for the first two bedrooms and a second car space if a third is provided.

    Putting up the wall may trigger that requirement and the owner would need a planning permit to make the bedroom and seek dispensation for not providing the second car space.

    • pk123 on 20/01/2019 - 11:52

      That’s a good thought. I’m not sure exactly when it was built but all the units seem relatively new. A unit two doors down had a wall closing off the study and was advertising itself as a 3 bedroom and had the same floor plan though

  • [Deactivated] on 20/01/2019 - 15:35

    Stratas move really slow (look at all the threads asking for advice due to perceived strata inaction).

    I wouldn't be expecting anything to be done anytime soon. I would be tempted to contact the strata personally just to verify what your landlord has said is true (but do it in a subtle way), if your landlord was BS then maybe you could break the lease but of course he could just deny saying it. (Do you have any emails or anything).

    I would start just by asking the landlord if you can break the lease as the place is not suitable, 2 reasonable people should be able to work something out.

    • pk123 on 20/01/2019 - 16:17

      Not sure exactly how to find out what strata is responsible for the unit. I actually don't want to break the lease but it just sucks that the wall can't get put up since it means rent and utilities are just proportionally more expensive. I have an email from me to him asking about the time frame in which the wall would be put up from December.

      • [Deactivated] on 20/01/2019 - 17:04

        body corporate = strata. Different states, different terms for the same thing.

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